Chapter Trans 107

Trans 107.06(8) (8) In any case when an assessment is waived or is not ordered by a court but is required by law.

Trans 107.06 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (3) (intro.) and (a), cr. (3) (f), Register, March, 1984, No. 339, eff. 4-1-84; emerg., am. (3) (f), eff. 1-31-86; am. (1) (intro.), (2) (intro.) and (c), (3) (b) and (3) (d) to (f), r. (1) (a) to (c), Register, September, 1986, No. 369, eff. 10-1-86; am. (3) (b), (d) and (f), cr. (3) (g), Register, June, 1993, No. 450, eff. 7-1-93; r. (1), (2), renum. (3) (intro.) to be (intro.) and am., cr. (1), renum. (3) (a) to (g) to be (2) to (8), Register, September, 1996, No. 489, eff. 10-1-96.

Trans 107.07 Trans 107.07 Reporting procedures.

Trans 107.07(1) (1) Assessments and assessment reporting procedures shall be those established by ch. DHS 62. Standard department forms shall be used for all reports.

Trans 107.07(2) (2) Traffic safety school final report information forms shall be provided to the county department when documentation by the traffic safety school indicates a need for additional assessment which may require additional treatment not recommended at the time of the original assessment.

Trans 107.07(3) (3) Amended driver safety plans shall be accepted by the department when submitted by the county department documenting the reason for changes in assessment findings or recommendations. Pursuant to ss. 343.30 (1q) (d) and 343.305 (10) (d), Stats., a driver safety plan shall include a termination date consistent with the plan which shall not extend beyond one year of the date of assessment or reassessment.

Trans 107.07(4) (4) If the department does not receive a report of compliance with the order to obtain an assessment within 60 days from the date of an OWI or if the department receives information that the court has not ordered an assessment, the department shall order an assessment under s. 343.30 (1q) (f), or 343.305 (10) (f), Stats., and the person shall have 45 days to provide notification of compliance with assessment order or the person’s operating privilege shall be canceled, denied or suspended as provided in s. Trans 107.08 (1).

Trans 107.07(5) (5) When a department ordered assessment under s. Trans 107.06 has not been completed by the date of the OWI conviction, and the court subsequently orders an assessment, the person shall not be required to comply with the department ordered assessment. All previous driver safety plans shall be waived when a new department or court ordered assessment has been completed and a driver safety plan developed.

Trans 107.07(6) (6) If convicted of an amended charge, or the charge is dismissed, appealed or vacated prior to completion of a voluntary, department or court ordered assessment, compliance with the assessment order shall not be required. If the person has already completed an assessment, the person shall be required to comply with the driver safety plan if the assessment findings meet the criteria for operating privilege denial or cancellation under s. Trans 107.08 (1) (g).

Trans 107.07(7) (7) A report of noncompliance with a driver safety plan shall include the reason for noncompliance.

Trans 107.07 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) to (3), (5) and (6), r. (7), renum. (8) to be (7), Register, September, 1986, No. 369, eff. 10-1-86; am. (3) and (4), Register, May, 1988, No. 389, eff. 6-1-88; am. (3), (4) and (6), Register, June, 1993, No. 450, eff. 7-1-93; am. (1), Register, September, 1996, No. 489, eff 10-1-96; correction in (1) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 2000, No. 532; correction in (1) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675.

Trans 107.08 Trans 107.08 Licensing action.

Trans 107.08(1) (1) Denial, cancellation or suspension.

Trans 107.08(1)(a) (a) When a hospitalization certificate shows inpatient treatment for chemical abuse or dependency and the person has not been absolutely or conditionally released from the institution, the operating privilege shall be denied or canceled until the conditions in sub. (2) (a) have been met.

Trans 107.08(1)(b) (b) When a person has one OWI arrest in 12 months and there is an assessment report, final report, medical report, or combination of reports on file with the department within the previous 2 years identifying chemical abuse or dependency and recommending no further involvement with chemicals, the person shall be immediately referred for assessment and the person’s operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(c) (c) When a person has had 3 OWI arrests in 12 months, the person shall be immediately referred for assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(d) (d) When a person has 2 OWI arrests in 12 months, and has had 2 OWI convictions or implied consent revocations within the past 2 years, the person shall be immediately referred for an assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(e) (e) When a person has 2 OWI arrests in 12 months with an alcohol concentration of .20 or above in at least one of the arrests, and the person has had an OWI conviction or implied consent revocation within the past 2 years, the person shall be immediately referred for assessment and the person’s operating privilege shall be denied or canceled until the conditions in sub. (2) (b) have been met.

Trans 107.08(1)(f) (f) When a person has 2 OWI arrests in 12 months with an alcohol concentration of .20 or above in at least one of the arrests, and there is an assessment report, driver safety plan final report, medical report, or combination of reports on file with the department within the past 2 years identifying possible chemical abuse or dependency, the person shall be referred for immediate assessment and the operating privilege shall be denied or canceled until the conditions in sub. (2) (b) or (c) have been met.

Trans 107.08(1)(g) (g) When the findings of an assessment, information from a medical report, other information in the file, or a combination thereof, indicate that the person’s chemical dependency may affect the person’s driving ability, the person’s operating privilege shall be denied or canceled under s. 343.06 (1) (d), Stats., until the conditions in sub. (2) (b) or (c) have been met. For purposes of this paragraph, the types of information considered are those described in s. Trans 107.04.

Trans 107.08 Note Note: See s. Trans 107.08 (1) (L) regarding cancellation for noncompliance with a driver safety plan.

Trans 107.08(1)(h) (h) When a person fails to obtain an assessment as directed by the department, comply with the recommended driver safety plan or submit the required medical report, the person’s operating privilege shall be denied, canceled or suspended under s. 343.06 (1) (d) or 343.16 (5), Stats., until the department is notified of compliance.

Trans 107.08(1)(hm) (hm) When a person has an OWI arrest after an assessment and prior to completion of a driver plan, the person shall be considered in noncompliance by the department and the person’s operating privilege shall be denied, cancelled or suspended.

Trans 107.08(1)(i) (i) When a person fails to attend the interview scheduled according to s. Trans 107.06 (1), the person’s operating privilege shall be denied or cancelled.

Trans 107.08(1)(j) (j) Pursuant to s. 343.16 (5), 343.30 (1q) (c) 1m. or (d), or 343.305 (10) (d), Stats., the department shall suspend a person’s operating privilege for noncompliance until such time as the person is eligible for reinstatement under sub. (2), and may not issue an occupational license to the person, under any of the following conditions:

Trans 107.08(1)(j)1. 1. The person fails to comply with a court ordered or department ordered assessment.

Trans 107.08(1)(j)2. 2. The person fails to timely pay an assessment fee resulting from a court ordered assessment or a driver safety plan fee, or an installment of either fee, except driver safety plan fees imposed as the result of a court ordered assessment dated on or before July 28, 1995.

Trans 107.08(1)(j)3. 3. The person fails to timely pay an assessment fee resulting from a department ordered or voluntary assessment or a driver safety plan, or any installment of any of these fees, and the person has been convicted of an offense for which assessment is mandatory, except driver safety plan fees imposed as the result of a court ordered assessment dated on or before July 28, 1995.

Trans 107.08(1)(j)4. 4. The person has an OWI arrest after an assessment and prior to completion of a driver safety plan.

Trans 107.08(1)(j)5. 5. The department receives a noncompliance report from a county department, a traffic safety school approved under s. 345.60, Stats., or a program in another state.

Trans 107.08(1)(k) (k) The department shall cancel an occupational license and may not issue a license to any person who has 2 or more prior OWIs and who fails to comply with a driver safety plan.

Trans 107.08 Note Note: Authority: Section 343.10 (2) (e), Stats., eff. January 1, 1993.

Trans 107.08(1)(L) (L) The department shall cancel the operating privilege of any person who meets the criteria of par. (g) and who fails to comply with a driver safety plan.

Trans 107.08(1)(m) (m) The department shall deny, cancel or suspend the operating privilege of any person who has an OWI arrest after submitting to a voluntary assessment and prior to completion of the driver safety plan resulting from that assessment.

Trans 107.08(1)(n) (n) The department may not deny, cancel or suspend the operating privilege of a person who submits to a department ordered or voluntary assessment and who does not pay the assessment fee or driver safety plan fee, unless the person is convicted of an offense for which assessment and compliance with a driver safety plan is mandatory.

Trans 107.08 Note Note: After conviction, failure to pay assessment or driver safety plan fees will result in suspension under s. Trans 107.08 (1) (j) 3.

Trans 107.08(1)(o) (o) When the court or department has ordered an occupational license, but because of requirements in s. 343.10 (1), (2) (e), or (5) (a) 2., 343.30 (1q) (b), 343.305 (10) (b), 343.31 (3m) or 343.35 (1), Stats., or ch. Trans 117, the person is not eligible for licensing, the occupational license shall be denied.

Trans 107.08(2) (2) Approval. If all other reasons for license denial, cancellation, revocation or suspension and related conditions for reinstatement are met, a person may be licensed when any of the following conditions are met:

Trans 107.08(2)(a) (a) When the person has received inpatient treatment and the hospitalization certificate shows satisfactory release, or there is verification of participation or satisfactory completion in another treatment program approved under s. 51.42 or 51.45, Stats., and there is no evidence from a medical report or assessment of chemical abuse since treatment, and there has been no OWI or OWI arrest within the past 2 years.

Trans 107.08(2)(b) (b) When the assessment report or compliance report from a county department shows the person has agreed to participate in a recommended driver safety plan or satisfactorily completed a treatment program, and the person is no longer abusing chemicals.

Trans 107.08(2)(c) (c) If the reason for the denial, cancellation, suspension or revocation of the person’s operating privilege was not an assessment, and a medical report submitted by the person’s personal physician indicates the person is receiving, or has received, adequate treatment for chemical abuse or dependency, and the person has responded favorably to the treatment and is no longer abusing chemicals.

Trans 107.08(2)(d) (d) When a new driver safety plan is received after the person has an OWI conviction that occurs while the person is suspended or canceled for noncompliance as a result of sub. (1) (b), (c), (d), (e), (f) or (hm).

Trans 107.08(2)(e) (e) When a person, county department, or traffic safety school under s. 345.60, Stats., submits the report or reports showing compliance with an assessment or driver safety plan after the operating privilege has been suspended as a result of sub. (1) (j) for any noncompliance with the assessment or plan.

Trans 107.08(2)(f) (f) When a program in another state submits a report showing the person has been examined for chemical abuse or dependency and has followed a recommended program of education or treatment established to meet the requirements of that other state.

Trans 107.08(3) (3) Refusal, persons under age 19. If a person less than 19 years of age refuses to submit to chemical tests upon arrest for a violation of s. 346.63 (2m), Stats., or a local ordinance or a law of a federally-recognized American Indian tribe or band in this state in conformity therewith, the person is eligible for an occupational license under s. 343.10, Stats., after the first 15 days of the revocation period. The person shall not be required to comply with any assessment or driver safety plan for the refusal.

Trans 107.08 Note Note: Section 346.63 (2m), Stats., requires absolute sobriety of drivers less than 19 years of age. Section 343.305 (10) (em), Stats., provides for a 15-day occupational license waiting period.

Trans 107.08(4) (4) Department action in lieu of court action. As provided under ss. 343.30 (1q) (f) and 343.305 (10) (f), Stats., the department shall order:

Trans 107.08(4)(a) (a) The minimum revocation or suspension provided under statute when the court fails to order a revocation or suspension.

Trans 107.08(4)(b) (b) An assessment when the court fails to order one.

Trans 107.08(5) (5) Notice of licensing action.

Trans 107.08(5)(a) (a) Persons affected by any departmental licensing action shall be given written notice, by first class mail, sent to the address last known to the department.

Trans 107.08(5)(b) (b) A notice of license denial, cancellation, revocation or suspension, shall include the reason for the action. Cancellations and notices of suspension for noncompliance shall include information on any applicable review and appeal procedures.

Trans 107.08 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (1) (b), (h), (i) and (j), Register, March, 1984, No. 339, eff. 4-1-84; am. (1) (d) to (h), (j), (2) (b) and (c), (4) (a), Register, September, 1986, No. 369, eff. 10-1-86; emerg. am. (1) (j), cr. (2) (g), eff. 4-24-87; am. (1) (j) and (k), (2) (intro.) and (d), renum. (2) (f), (3) to (5) to be (3) to (6) and am. (3), (4) (intro.) and (6), cr. (2) (f), Register, May, 1988, No. 389, eff. 6-1-88; r. (1) (intro.), am. (1) (b), (e) to (i), (2) (a), (c), (d), (f) and (6), cr. (1) (hm) and (l) to (o), r. and recr. (1) (j), (k) and (3), Register, June, 1993, No. 450, eff. 7-1-93; am. (1) (j) 2., 3., (n), r. (6), Register, September, 1996, No. 489, eff. 10-1-96; correction in (1) (o) made under s. 13.92 (4) (b) 7., Stats., Register March 2012 No. 675; CR 22-048: am. (1) (g) Register July 2023 No. 811, eff. 8-1-23.

Trans 107.09 Trans 107.09 Departmental review.

Trans 107.09(1) (1) In accordance with s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., a person may request in writing within 10 days of license suspension, a review of license suspension for not complying with a driver safety plan as a result of a court ordered or department ordered assessment.

Trans 107.09(2) (2) The review shall be conducted by the review unit.

Trans 107.09(3) (3) The issues of the review shall be limited to:

Trans 107.09(3)(a) (a) Whether the person is in compliance with the driver safety plan, and

Trans 107.09(3)(b) (b) Whether the driver safety plan is appropriate.

Trans 107.09(4) (4) 

Trans 107.09(4)(a) (a) The department shall conduct a review of an assessment, driver safety plan, or amended driver safety plan upon receipt of a written request for review under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats. The review shall be completed within 10 business days of receipt of the request by the department.

Trans 107.09(4)(am) (am) The driver assessment and required driver safety plan shall be found to be appropriate if the diagnostic or certainty level of symptoms identified on the assessment report of physiological, behavioral, psychological or attitudinal symptoms, supports the assessment findings made by the assessor on department forms as follows:

Trans 107.09(4)(am)1. 1. ‘Chemical dependency.’ An assessment finding of chemical dependency is appropriate if assessment shows the presence of any of the following:

Trans 107.09(4)(am)1.a. a. One or more level 1 indicators of physiological dependency from the major criteria.

Trans 107.09(4)(am)1.b. b. One or more level 1 indicators of dependency from the psychological, attitudinal or behavioral minor or major criteria are present together with 3 or more level 2 indicators of any type.

Trans 107.09(4)(am)2. 2. ‘Suspected chemical dependency.’ An assessment finding of suspected chemical dependency is appropriate if assessment shows 5 or more level 2 indicators of any type from the minor and major criteria.

Trans 107.09(4)(am)3. 3. ‘Borderline chemical abuse.’ An assessment finding of borderline chemical abuse is appropriate if assessment shows any of the following:

Trans 107.09(4)(am)3.a. a. One level 1 indicator of substance problems from the psychological, attitudinal or behavioral criteria.

Trans 107.09(4)(am)3.b. b. Three or 4 level 2 indicators of any type are present together with any level 3 indicators of any type.

Trans 107.09(4)(am)4. 4. ‘Chemical abuse.’ An assessment finding of chemical abuse is appropriate if assessment shows any of the following:

Trans 107.09(4)(am)4.a. a. An absence of level 1 indicators and some level 2 or 3 indicators, but fewer level 2 and 3 indicators than are needed to justify a finding of chemical dependency, suspected chemical dependency or borderline chemical abuse.

Trans 107.09(4)(am)4.b. b. A conviction for OWI.

Trans 107.09 Note Note: The Wisconsin Assessment of the Impaired Driver, form MV3649, and the Order For Assessment and Driver Safety Plan Report, form MV3634, refer to “chemical abuse” and “borderline chemical abuse” as “Irresponsible Substance Use” and “Irresponsible Substance Use - Borderline.” The form refers to the criteria in s. Trans 107.09(4)(am)4. as “insufficient evidence for a progressive pattern of substance abuse.”

Trans 107.09(4)(b) (b) The department shall consider the following in determining the appropriateness of a driver safety plan:

Trans 107.09(4)(b)1. 1. A finding of chemical abuse does not support in-patient treatment or extensive out-patient treatment.

Trans 107.09(4)(b)2. 2. A finding of suspected alcohol dependency does not support in-patient treatment.

Trans 107.09(4)(b)3. 3. A finding of chemical abuse does support educational program recommendations.

Trans 107.09(4)(b)4. 4. A finding of suspected chemical dependency does support out-patient treatment or a combination of education and out-patient treatment.

Trans 107.09(4)(b)5. 5. A finding of chemical dependency does support in-patient treatment, extensive outpatient treatment, or combination of treatment.

Trans 107.09(4)(b)6. 6. A finding of borderline chemical abuse does support short term outpatient individual or group counseling, or a combination of education and outpatient counseling.

Trans 107.09(4)(c) (c) A driver safety plan shall be considered inappropriate if it is a program in another state that does not meet the standards of sub. (9).

Trans 107.09(5) (5) When the driver safety plan is found to be appropriate, the suspension shall remain in effect until notification from a county department that the person is complying with the driver safety plan received by the department and the person has paid the reinstatement fee(s) required by s. 343.21 (1) (j), Stats.

Trans 107.09(6) (6) When the driver safety plan is found to be inappropriate or the person is found to be in compliance with the driver safety plan, the suspension shall be released under the provisions of s. 343.39 (1) (c) and (2), Stats., and the fee specified in s. 343.21 (1) (j), Stats., shall not be charged for reinstatement of the license, under the provisions of s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., and

Trans 107.09(7) (7) When the driver safety plan is found to be inappropriate by the department or a court, the person shall be required to furnish the department with another assessment and driver safety plan within 30 days under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats.

Trans 107.09(8) (8) Under s. 343.30 (1q) (d) or 343.305 (10) (d), Stats., the department shall grant a delay in the review decision at the written request of the person seeking the review.

Trans 107.09(9) (9) A driver safety plan recommending treatment in another state is acceptable if approved by the county department or another state’s program, it includes an examination of the driver’s chemical abuse or dependency level, and it recommends an individualized plan or a program of education or treatment.

Trans 107.09 History History: Cr. Register, November, 1982, No. 323, eff. 12-1-82; am. (5), Register, March, 1984, No. 339, eff. 4-1-84; am. (1), (3) (a), (5), (8) and (9), Register, September, 1986, No. 369, eff. 10-1-86; am. (1), (4) (intro.), (6) to (8), Register, May, 1988, No. 389, eff. 6-1-88; am. (4) (a), (b) (intro.), 1. to 4., (7) and (9), cr. (4) (d), Register, June, 1993, No. 450, eff. 7-1-93; r. and recr. (4) (intro.), (a), (b) (intro.), cr. (4) (b) 6., r. (4) (c), renum. (4) (d) to be (c) and am., Register, September, 1996, No. 489, eff. 10-1-96; reprinted to correct error in (4) (b) 6., Register, December, 1996, No. 492.

Trans 107.10 Trans 107.10 Review boards.

Trans 107.10(1) (1) If the decision to deny or cancel operating privileges is based in part on the results of a special examination and a medical report involving chemical abuse or dependency under s. 343.16 (5), Stats., a person may request an appearance before a review board, or a review by a board of the information on file with the department.